In Australian Communications and Media Authority v Clarity1 Pty Ltd [2006] FCA 410 Federal Court Justice Nicholson found Clarity1and its sole director had breached the Spam Act by sending unsolicited commercial electronic messages
(‘CEMs’) and using harvested electronic addresses. The matter has been adjourned to determine the amount of civil penalties.

From 15 October 2003 Clarity1 carried on business under the business
name of Business Seminars Australia and the name of the Maverick Partnership. ACMA alleged Clarity1 sent at least 56 million unsolicited emails.

Clarity1 claimed that they were exempt as they were sending the emails for charities and to educational institutions but no evidence was provided.

Justice Nicholson also rejected the company’s defence that the recipients of
emails had consented to receive them. He further rejected the defence
that the company could use harvested lists acquired before the Spam Act
commenced to send Spam emails at any time.

The judgment is a useful analysis of the Spam Act.

Penalty imposed